Terms and Conditions of Use

Lightbox: a feature offered by DACS through the Website to registered users that allows images to be searched and saved for review and potential licensing

Terms and Conditions: these terms and conditions of use for the Website

You: the business user and all authorised representatives that use the Website

The Website: www.artimage.org.uk

These Terms and Conditions (together with the documents referred to in it) govern the use which You may make of the Website whether as a guest or a registered user. Use of the Website includes registering to use Lightbox.

Please read these Terms and Conditions carefully before You start to use the Website, as they will apply to Your use of the Website. DACS recommends that You print a copy of these Terms and Conditions for future reference.

By using the Website, You confirm that You accept these Terms and Conditions and that You agree to comply with them.

If You do not agree to these Terms and Conditions, You must not use the Website.

Other applicable terms

These Terms and Conditions refer to the following additional terms, which also apply to Your use of the Website:

The Artimage Privacy Policy, which sets out the terms on which DACS processes any personal data it collects from You, or that You provide to DACS. By using the Website, You consent to such processing and You warrant that all data provided by You is accurate.

Information about Artimage

Artimage Limited is a company limited by guarantee registered in England and Wales under company number 09078844. Registered office: 33 Old Bethnal Green Road, London, E2 6AA, England.

Changes to these terms and Conditions

DACS may revise these Terms and Conditions at any time by amending this page.

Please check this page from time to time to take notice of any changes DACS makes, as they are binding on You.

Artimage Returns and Refund Policy

You may cancel the request for the use of an Image by notifying us at any point up until you either confirmed that you will proceed with the project or we have sent you the Image or you have downloaded the Image, whichever is the earlier. After you have received the high resolution copy of the Image (via download or by email) you are required to examine it for possible defects (whether digital or otherwise) as well as its suitability for your project. In the event there are any defects in the Image or the image is not suitable for your purposes, you are required to notify DACS without delay but at the latest within 7 calendar days and you shall refrain from using such defective or non-suitable Image. Where possible we will provide you with an alternative high resolution copy of the Image without the defect, or (at our sole discretion) refund any Licence Fee paid by you and terminate the respective Agreement without further liability. For the avoidance of doubt, in case you have made use of the Image you will be required to pay the Licence Fee.

Payments Online

We take payment online via Worldpay. Invoices will soon include a pay by link option, and in the meantime, please contact a member of staff if you wish to pay online. You can also pay by BACS payment directly to our DACS bank account. Our team will help you to pay for the image once permission is granted.

Changes to the Website

DACS may update the Website from time to time, and may change the content without notice. However, please note that any of the content on the Website may be out of date at any given time, and DACS is under no obligation to update it.

DACS does not guarantee that the Website, or any content on it, will be free from errors or omissions.

Accessing the Website

The Website is made available free of charge.

The Website and the images available for licence on the Website are intended for DACS customers. You may not use the Website or images for any purpose outside of the terms of the Image Licence Agreement.

Every effort is made to keep the Website running smoothly. However, DACS does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. DACS may suspend, withdraw, discontinue or change all or any part of the Website without notice. DACS will not be liable to You if for any reason the Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for You to have access to the Website.

The Website contains images of artistic works and is operated for commercial purposes. By accessing the Website You understand that You may have access to images that contain potentially explicit, upsetting or controversial material. You agree that You will not hold DACS responsible for the content of the images displayed on the Website.

You are also responsible for ensuring that all persons/employees who access the Website through Your internet connection or an internet connection provided by You are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.

Your account and password

If You or a representative/employee of Your business chooses, or is provided with a password or any other piece of information as part of DACS security procedures in registering to use the Website, You must treat such information as confidential. You must not disclose it to any third party.

DACS has the right to disable any password, whether chosen by You or allocated by DACS, at any time, if in the reasonable opinion of DACS You have failed to comply with any of the provisions of these Terms and Conditions.

If You know or suspect that anyone without authority and/or outside of Your business knows Your password, You must promptly notify DACS through the email address artimage@dacs.org.uk.

Lightbox and Image Licence Agreement

If You wish to licence images from the Website please register. Only registered users may licence images from the Website or use Lightbox.

By registering, if You are an individual, You confirm that You have authority to bind any business on whose behalf You use the Website to license images.

Subject to the terms of the Image Licence Agreement, registered users of Lightbox may download a maximum of five (5) low-resolution watermarked copy images per artist, photographer or rights-holder. Should You require more images for layout purposes please seek prior permission from DACS in writing.

For the avoidance of doubt, fee quotes provided in respect of licensing images from the Website are final. Should You wish to license images from the Website You are responsible for full payment including any relevant taxes. By using the Website and agreeing to these Terms and Conditions, you warrant that all representatives/employees using the Website and Lightbox are authorised on Your behalf to accept fees quoted for licensing images from the Website.

Please see the Image Licence Agreement for more information on licensing images.

Confidentiality

Other than to Your employees or as required by law, You will not disclose to any person any confidential information about DACS, the images or artists that You obtain by using the Website or entering into an Image Licence Agreement. By authorising Your representatives/employees to use the Website and Lightbox where relevant, You agree that You have brought these Terms and Conditions to their attention.

Intellectual property rights

The Website

DACS is the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. The works in the materials published on the Website are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Website and You may draw the attention of others within Your organisation to content posted on the Website.

You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way.

The status of DACS (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

Any storage, redistribution (including electronically) or reproduction of part or all of the contents of the Website in any form is prohibited subject to the express provisions of these Terms and Conditions or unless DACS has given prior written permission for such use. For the avoidance of doubt, the use of web copier software to reproduce elements of the Website is prohibited.

Circumvention of TPM (Technological Prevention Measures) and stripping of metadata is strictly prohibited.

If You print, copy or download any part of the Website in breach of these Terms and Conditions, Your right to use the Website will cease immediately and You must, at the option of DACS, return or destroy any copies of the materials You have made.

Images

The copyright in the images available for licence on the Website is owned by the individual artist, photographer or rights-holder. You shall not reproduce or use these images other than in accordance with the terms of the Image Licence Agreement.

If You believe that any image available on the Website infringes Your or any third party intellectual property rights please contact DACS immediately through the email address artimage@dacs.org.uk.

In accordance with the Copyright Designs and Patents Act 1988 and other applicable laws, DACS has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the accounts of any account holders who infringe the intellectual property rights of DACS or those of any third party.

No reliance on information

The content on the Website is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

It shall be at Your own responsibility to ensure that any products, services or information available through the Website meet Your specific requirements.

Although DACS makes reasonable efforts to update the information on the Website, DACS makes no representations, warranties or guarantees of any kind, whether express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services or related graphics contained in the Website for any purpose. Any reliance You place on such information is therefore strictly at Your own risk.

Limitation of our liability

Nothing in these Terms and Conditions excludes or limits DACS' liability for death or personal injury arising from DACS' negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, DACS excludes all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

DACS will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, the Website; or

use of or reliance on any content displayed on the Website.

As a business user, please note that in particular, DACS will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation;

any indirect or consequential loss or damage; or

any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Website.

DACS will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any content on it, or on any website linked to or from it.

DACS assumes no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by DACS of those linked websites. DACS will not be liable for any loss or damage that may arise from Your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the license of any images to You, which will be set out in the Image Licence Agreement.

Viruses

DACS does not guarantee that the Website will be secure or free from bugs or viruses.

You are responsible for configuring Your information technology, computer programmes and platform in order to access the Website. You should use Your own virus protection software.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. DACS will report any such breach to the relevant law enforcement authorities and DACS will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.

Linking to the Website

You may link to the home page of the Website, provided You do so in a way that is fair and legal and does not damage the reputation of DACS or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of DACS where none exists.

You must not establish a link to the Website in any website that is not owned or controlled by You.

The Website must not be framed on any other website, nor may You create a link to any part of the Website other than the home page.

DACS reserves the right to withdraw linking permission without notice.

If You wish to make any use of content on the Website other than that set out above, please contact artimage@dacs.org.uk.

Third party links and resources in the Website

Through the Website You are able to link to other websites and resources provided by third parties, which are not under the control of DACS. These links are provided for Your information only.

Neither DACS nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and DACS expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them. DACS does not claim any responsibility for any external websites to which it may link.

DACS has no control over the nature, content and availability of those websites or resources.

Applicable law

These Terms and Conditions, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. Both parties agree to the exclusive jurisdiction of the courts of England and Wales.